Gqeberha, Eastern Cape – In a stunning turn of events, Nigerian televangelist Timothy Omotoso and his two co-accused, Lusanda Sulani and Zikiswa Sitho, have been acquitted of all charges by the High Court in Gqeberha, bringing an end to a protracted legal battle that has spanned nearly eight years. The 63-year-old Omotoso, along with Sulani, 41, and Sitho, 33, faced a litany of serious charges, including racketeering, human trafficking, rape, and sexual assault.
Judge Irma Schoeman delivered her judgment on Wednesday morning, meticulously detailing the evidence presented by the State, the complainants, and the defence. Her verdict hinged on a scathing assessment of the prosecution's handling of the case, laying the blame for the acquittal squarely at their feet.
"I am of the view that although there are aspects of the complainants that are unsatisfactory, I cannot find that their evidence is incredible. However, I cannot find that the evidence of the accused falls to be rejected as false either," the court remarked, highlighting the complexities of the evidence before it.
More damningly, Schoeman criticised the prosecution for failing to adequately test the evidence presented by the defence through proper cross-examination. She stated that the cross-examination of the three accused "was as if the cross-examination never even took place."
The judge noted that while nine days had been allocated to address the defence's evidence, Omotoso's testimony, which lasted a full day, was met with a cross-examination that "lasted less than a morning session."
"He was not cross-examined on his denial with reference to the complainants' testimonies. No attempt was made to elicit inconsistencies or improbabilities. The cross-examination was shallow, lacking the intention to uncover the truth," she said, adding that the cross-examination of Sulani and Sitho was "similarly ineffective and superficial" and "amounted to no cross-examination at all."
Schoeman emphasised that the onus was on the State to prove the guilt of the accused beyond a reasonable doubt, not on the accused to prove their innocence. While she did not necessarily believe the evidence presented by the accused, she found that the State had failed to meet this burden of proof.
The judge also addressed the "irregularities" committed by advocate Nceba Ntelwa, the former lead prosecutor in the case, which she said had "corrupted the trial and rendered it unfair." Ntelwa, who is currently prosecuting the Fort Hare University corruption case, was accused of encouraging witnesses to perjure themselves to secure a conviction.
Schoeman highlighted Ntelwa's apparent ignorance of the legal definition of rape, stating, "It is inconceivable that a prosecutor with 14 years' experience that is involved in a case where rape is one of the charges the accused faces does not know what the definition of rape is. This is either extremely incompetent or dishonest."
She criticised the failure to take action against Ntelwa when these irregularities came to light, noting that his conduct was a major factor in the trial's numerous delays. The prosecutors were replaced multiple times, and Schoeman herself took over the case after the previous judge recused himself, further contributing to the delays.
The National Prosecuting Authority (NPA) said at the last court appearance that the judgement would mark a remarkable milestone in the case that has been marred by delays for almost eight years since the arrest of the trio.
It is alleged that Omotoso, who was addressed as “the man of God”, was the leader of the Jesus Dominion International (JDI) church and his co-accused were his assistants. JDI had major branches in South Africa, Nigeria, and Israel, with Durban being its headquarters in the country.
According to NPA spokesperson Luxolo Tyali, "The complainants were either congregants, employees or persons selected to take part in the activities of the church when they were recruited under the pretext that they would benefit spiritually or improve the quality of their lives."
The court heard that Omotoso allegedly, directly or indirectly through his co-accused, paid and arranged for the complainants to travel to his hotel, Durban, Israel, or Nigeria. "However, once the complainants arrived, Omotoso or his assistants would inform them of house rules, which included that their cell phones be switched off or told not to contact male companions and were to further abide by his instructions. Omotoso would allegedly select one of the complainants to go to his private bedroom where he raped or sexually assaulted them."
The State had expressed hope for a guilty verdict based on the evidence presented. However, with the acquittal, Omotoso, who had been behind bars since his arrest in April 2017, is now a free man and will be deported to Nigeria immediately.
The courtroom erupted in celebration following the judgment, with Omotoso and his co-accused kneeling and praying aloud as supporters outside cheered and sang. However, the outcome was met with dismay by key State witness Cheryl Zondi, who was seen leaving the court in tears.
Speaking to the media after his acquittal, Omotoso said he "thanked God" and that he felt it was "time for me to rest a bit. God will decide what I must do next."
Azapo members gathered outside the court to express their support for the victims.
NPA regional spokesperson Luxolo Tyali said the NPA would explore other legal avenues, stating that the acquittal was due to "a technicality; mainly that the former prosecutors in the case acted improperly and the State did not sufficiently cross-examine the accused."
"In as much as the NPA does not seek to secure conviction at all costs, it remains committed to ensuring justice is served for the victims of crime and will go to all lengths to give a voice to the victims by exploring all the possible avenues," he said.
Eastern Cape MEC for Social Development Bukiwe Fanta expressed her disappointment at the trial's outcome, stating, "The acquittal of the accused is a painful reminder of the systemic issues within our justice system that continue to hinder the pursuit of justice for victims of sexual violence."
"Each case of acquittal not only impacts the victims but also sends a troubling message to our society about the seriousness of these crimes," Fanta added, reaffirming the Department of Social Development's commitment to supporting survivors of sexual violence and advocating for stronger measures to prevent such crimes.
